ADEBIYI v. FLORIDA DEPARTMENT OF HEALTH

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Case No. 4:25cv212-RH-MJF
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
ADENIKE ADEBIYI,
Plaintiff,
v. 	CASE NO. 4:25cv212-RH-MJF
FLORIDA DEPARTMENT OF
HEALTH,
Defendant.
_____________________________/
ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 44. No objections have been filed.
The report and recommendation correctly concludes the action should be
dismissed against the sole remaining defendant, the Florida Department of Health,
for failure to serve process. The failure to serve process may stem from the
plaintiff’s same misunderstanding addressed in an earlier order dismissing the
claims against the other defendants for failing to serve process upon them. See
ECF No. 42.
Case 4:25-cv-00212-RH-MJF Document 45 Filed 05/11/26 Page 1 of 2

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Case No. 4:25cv212-RH-MJF
This makes it unnecessary to address the proper remedy for the plaintiff’s
shotgun pleading.
IT IS ORDERED:
The report and recommendation is accepted and adopted as the court’s
opinion on the failure to serve process. The clerk must enter judgment stating,
“This case is dismissed without prejudice.” The clerk must close the file.
SO ORDERED on May 11, 2026.
s/Robert L. Hinkle
United States District Judge
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